COURT OF JUSTICE OF THE EUROPEAN UNION

21 December 2011

PRESS RELEASE No 140/11

“”An asylum seeker may not be transferred to a Member State where he risks being subjected to inhuman treatment”” [The Court of Justice of the European Union in Luxembourg has found that EU Member States may not transfer asylum-seekers to another EU Member State responsible for determining their asylum claim under the Dublin II Regulation if he or she would face a real risk of being subjected to inhuman or degrading treatment]

EU law does not permit a conclusive presumption that Member States observe the fundamental rights conferred on asylum seekers

The common policy on asylum is a constituent part of the EU’s objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the European Union. The ‘Dublin II’ Regulation1 sets out the criteria for determining the Member State responsible for examining an asylum application lodged in the EU, a single Member State being, in principle, responsible. Where a third country national has applied for asylum in a Member State which the Regulation does not indicate as the State responsible, the Regulation provides for a procedure for transferring the asylum seeker to the Member State responsible. …

… The Member States, including the national courts, may not transfer an asylum seeker to the Member State indicated as responsible where they cannot be unaware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers amount to substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union.

UNHCR in Ireland explaining the judgment by the CJEU from 21 Dec 2011

EU Member States may not transfer asylum-seekers to another EU Member State responsible for determining their asylum claim under the Dublin II Regulation if he or she would face a real risk of being subjected to inhuman or degrading treatment